Post by Parth Malviya

In a batch of Writ Petitions, the landowners were denied enhanced compensation under Section 28-A of Land Acquisition Act, 1894. The request for enhanced compensation was rejected solely for the reason that the landowners had received ‘Grant/Anudan’ for the same land in addition to the compensation and had furnished an undertaking/affidavit that they would not file an application for enhanced compensation under Section 18 and 28A of the Act of 1894 The Bombay High Court setting aside the impugned order reiterates the settled position of law that State cannot curtail statutory right of a landowner in such fashion.